Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Whether wife is having an independent income to live, as in the same standard of husband who is admittedly doing the job of pilot and assets for herself thereof, is a matter of evidence - Court cannot look into these aspects in detail while considering an interim application for..........
Consumer Protection Act, 1986, Section 23 -- Marine insurance policy - Insurance claim - Repudiation - Breach of special condition - Special condition necessitates that the voyage commences and is completed before monsoon sets in - If the condition is to be interpreted strictly, then the assured would be unable to make a claim in case of a marine accident where the vessel..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Quantum of compensation - Surveyor appointed by appellant had assessed damage at a much lesser figure - This assessment was undertaken by respondent's surveyor without putting appellant on notice and without its participation - NCDRC did not independently apply its mind to quantification of claim and blindly..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of father - Eviction of son - Merely because property belongs to senior citizen, it is not necessary or mandatory to pass an order of eviction in every case, particularly when claim of son regarding 1/6th share and cancellation of gifts and sale deeds is pending adjudication before..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file afresh suit - Plaintiff sought withdrawal of suit on the ground that certain pleading has been left and material documents have also not been filed - However, such nature of defect is curable - No formal defect or sufficient ground has been established by plaintiff - Application rightly..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Allotment of flat - Delay of delivery of possession - Petitioner opted for refund of money - A home buyer cannot be compelled to take possession of flat after a long time and petitioner is entitled for refund of entire amount deposited with interest...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Allotment of flat - Delay of delivery of possession - Petitioner opted for refund of money - Interest - National Commission rightly awarded interest @ 9% p.a which is fair and reasonable - Ord er awarding interest @ 15% p.a. by High Court is excessive and set aside...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - Land in question was notified to be acquired in the year 1989 - There is thus, a gap of over a year between acquisition of land in question and allotment of plot which was in close proximity with acquired land - Price of said plot is fixed @ Rs.180 per sq mt - Prices in one year..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Deductions - Land acquired is never used in the form it exists - In such a situation, 30% to 50% deduction be made from the rate for the purposes of development - Even assuming that acquired land is within vicinity of developed area but it is an agricultural land, may be with a potential of a..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Deductions - Large areas do not attract the same price as is offered for the small plots of lands - Therefore, some amount of deduction is also normally permissible on account of largeness in area - Thus, deduction of at least 10% has to be applied to determine the rate of compensation...........
